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What Is the Final Rule for a Public Charge?

On September 8, 2022, the U.S. Department of Homeland Security (DHS) made a final rule to be published in the Federal Register regarding what constitutes as a public charge. This ruling was in an effort to provide clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. This goes back to the initial proposal for a “Fair and Human Public Charge Rule” in February. If you are an immigrant who is either about to come to the United States or is already in the United States, follow along to learn more about this ruling and how one of our proficient attorneys at our Lyndhurst family & individual immigration law firm, the Law Offices of Salvatore A. Falletta, LLC, can help you determine what this means for you.

How is a public charge defined by the United States Department of Homeland Security?

If you are an immigrant that is planning to come to the United States, you must provide evidence that you will not become a public charge. Also, if you believe that you will need financial assistance upon your arrival, you will need to identify a United States citizen who can support you financially.

Notably, the previous administration declared that Medicaid and nutritional assistance must be considered public charges. And this was not the case in years past. Fortunately, DHS has now ruled that Medicaid and nutritional assistance are no longer public charges. Additionally, they stated that immigrants who accepted these forms of financial assistance do not have to worry about losing their right to remain here in the United States.

Secretary of Homeland Security Alejandro N. Mayorkas said, in regards to the recent Fair and Human Public Charge Rule, that, “This action ensures fair and humane treatment of legal immigrants and their U.S. citizen family members. Consistent with America’s bedrock values, we will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.”

Additionally, U.S. Citizenship and Immigration Services Director Ur M. Jaddou, noted, “In keeping with our nation’s values, this policy treats all those we serve with fairness and respect. Though there is still much to do to overcome confusion and fear, we will continue to work to break down barriers in the immigration system, restore faith and trust with our immigrant communities, and eliminate excessive burdens in the application process.”

If you require clarification on this finalized public charge rule, pick up the phone and consult with a talented Bergen County immigration attorney today.

Contact our experienced New Jersey firm

If you need experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC today to schedule a consultation. Our firm is located in Lyndhurst, New Jersey.